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Conditional notice of intention to defend and info on what to try
Hi all,
I am supplying my feedback on a few ideas I have come up with. So my first my conditional notice of intention to defend was against the bailiff and being incorrectly served, now my idea is if that fails to get an order my second line of defence is to conditionally accept the jurisdiction in which the judicial house (courthouse) was filed by the claiming party.
I filed a conditional notice of intention to defend last year but it was not accepted due to some errors on the paperwork.
It was my mistake but the point is they (the register) were ok to file the contents within my conditional notice of intention to defend.
So the way I see view it, it can be filed and the claiming party then has to then provided the evidence.
It is just another hurdle for the claiming party so the more hurdles the better in my opinion, you might get lucky and they give up and withdraw the claim, who knows.
The Uniform civil procedure rules number for this would be from what I can make of it are the following, rule 144 subsection (2) and then you file an order under rule 16 subsection (a).
The content in my conditional notice of intention to defend will be the following,
Is the statement of claim filed by bla bla at the Magistrates Court of Queensland against the name/estate DANNY PERKINS operating under the prescribed jurisdiction that the parliament of that state has provided?
If yes I will need to see evidence of this jurisdiction.
I am going through some of these procedures atm so once I have tried all of these practices I will be sure to post my outcomes with the SE team.
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